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HomeMy WebLinkAbout1958 Ordinance No. 033BY AUTHORITY ORDINANCE NO. 33 , SERIES OF 1958 AN ORDINANCE ESTABL ISHING A COMPREHENSIVE CODE FOR THE REGULATION OF OBILE HOME PARKS, ESTABL ISHING STANDARDS FOR MOBILE HOME SPACES, LO- CATION OF SERVICE BUILDINGS, WATER SUPPLY, SEWAGE AND REFUSE DISPOSAL, AND PROVIDING FOR RE GISTRAT ION OF OCCUPANTS, AND PROVIDING FOR COL- LECTION OF MOBILE HOME PARK INSPECTION FEES, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. HEREAS, The City Co un cil of the City of Englewood, Colorado, de- sires to establish a comprehensive c ode for the regulation of mobile home parks and to establish standards for mobile home spaces, location of service buildings, water supply, sewage and refuse disposal, and to provide for registr ation of occupants, and to provide for collection of mobile home park inspection fees, and to provide penalties for violations the1·eof; BE IT ORDA INED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 1. DEFINIT ION S. or the purposes of this title and section the following words and phrases shall have the meanings ascribed to them in this sec tion: (a) MOB ILE HOME shall mean any vehicle used, or so constructed as to permit its being u sed as a conveyance upon the public streets or highways and duly licensable as such and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons. (b) MOB ILE HOME SPACE shall me an a plot of ground within a mobile home park designated f or the accommodation of one mobile home. (c) MOBILE HOME PARK shall mean any plot o f property upon wh ich sanitary facilities and individual utility connections a r e available for two or more mobile homes. (d) INDEPENDENT MOBILE HOME shall mean a mobile home that has a oilet and a bathtub of shower . (e) DEPENDENT MOBILE HOME shall mean a mobile home that has no toilet or bathtub or shower facilities. {f) PATIO shall mean a paved area adjacent to the mobile home arking space, and accessible from the main entrance to the arked mobile home . (g) PERMIT shall mean a written permit issued by the City of Englewoo d Building Inspector to construct or alter the mobile home park under these rules and regulations. (h) PERMANENT ADDITION shall mean any structur al extension from any portion of a mobile home, not including temporary c anvas awning. (i) INSPECTOR shall Me an the Building InspectoD o f the City o f ~oglewoor 01 his a uthorized repr.esentative4 (j) STH~l!.'T OR HluHWAY shall mean a public thoroughfare which affords principal me ans of access to abutting property. (k) ACCESS RO AD shall mean that area privately owned and main- tained and set aside within a mobile home park for an interior road system, pro v iding pri ncipal means of ingress to indivi- dual mobile home spaces an d egress to street. 2. PERMITS . No person shall alter, install o r remove any structural improve- ment in any mobile home park without first securing a building permit from the inspector, authorizing such alterations, installation or removal. APPLICATION . An application for a permit authorizing any struc- tural alteration, installation or removal in a mobile home park shall set forth the following information, insofar as the same is applicable and is known or can be ascertained by the appli- cant through the exer cise of due diligence. (1) The area and di mensions of the tract of land occupied by the park . I I II (2) The n u mber , loc a t i o n and size of all mobile home spa c e s . (3) The l o c at io n an d widt h of roadways and walkways. (4) The location of ser v i ce bu i ldings and any other pro- posed str u ct u res . (5) The location , size a nd type of water and sewer lines; and traps , v ents an d r isers for water and sewer. (6) Plans a nd specifi cati ons o f all buildings and other improvements constr u c ted or to be constructed within the mobile home park . Plans which are drawn to scale · an d are un d erstan dabl e need not be prepared by an architect . 3. INSPECT I ON OF MOBILE HOM E PARKS. The Inspecto r shal l ma ke r egular monthly inspections of all mobile home parks located with i n the City and shall enforce compliance with the provis i ons of this or d ina nce . (a) AUTHOR I T Y. The I nspector shall have the authority to make inspections of mo b ile home parks, at reasonable times, for the purpo se of deter mi n i ng whether this ordinance is being comp lied with and shall hav e authority to inspec t the re- gist er of occup a nts , required herein. (b) ACCESS . I t sha ll be unlawful for any person to refuse access to a mobile home p a rk t o t h e Inspector for the pu r poses of inspection . 4. LCX::ATION , S P ACE AN D GENER AL LAYOUT. The mobile h o me pa r~ shall be located on a well drained site and shall be so loc a te d t hat i ts d r ainage will not endanger any water supply. All such mobile h o me p a rk s shall be located on land free from swamps or other potenti al b r e e d i n g places for insects or rodents. (a) ARE A. The a rea of t h e mobile home park shall be large enough to a ccommodat e : (1) The d e s ignated numb er of mobile home spaces. (2) Necess a ry streets a n d r oadways. (3) Parking are as f o r mot or vehicles; and (4 ) Ser v ice are a s . (b) MOBILE HOME SPACE . Each mobile home space shall be a t least 25 feet wide , and sh all abut on a driveway or other cle ar area with unobstructe d access to a public street. S u ch spa ces shall b e c l ear ly defined, and mobile homes shall be parked in such sp a ces s o that there will be a minimum of ten fee t between mob ile h omes at all points except where ends of mobile homes a but , in which case the minimum shall be 5 feet , and so th a t no mobile ho me wi l l be less t h an three feet from the side boundary of the mobile home space, and no mobile home s hall be less than 5 f eet from the ex- teri or boundary of the mo b i le home park. No mobile home sh a ll b e parked less than 10 feet from any front property line a bu t ting a s tree t o r highway. No part of su c h mobile borne s hall obstruct any r oadway or walkway . Are a s between mo bil e home space s and public rights -o f-way not used for r oadwa y purposes shall be cared for and kept free fr om weeds, rubbish or trash. No oc c upied mobile h o me shall be allowed to remain in a mob ile home par k unless a mobil e h o me space as set fo r th herein is a v ailable . (c) ACCESS llOADS . Access roads mu st be gr aded for drainag e, surface d with concrete, asph al t ic conc re t e , oil or a n y othe1· n on-dust-creatin g surf acin g and maintained in g oo d co ndiLion ,f rce of weeds , dust , tr a sh o r d e b r i s . Each access road shal l b e continuous and shall connect with other circul a tio n r oads. Minimum width for two-way access r oads shall be 25 feet; for one-way access roads 15feet . C urv es on a ll a cc ess roads shall have a minimum insi de radius o f not less th an 2 0 f eet. All suc h roads s oa.J.l be l<e pt cle ar o f all obs t r u c tions t o a l low mov e - 111en t of v ehic lcs at any time . 141 No parkin~ shall be per mitted on one-way roads of less than ft . wjd th and parking on one side o nl y shall be permitted n two -way roads . (d) OFF-STREET PA HK ING . Areas d fe e t x 20 feet shall be pr ov ided or the parking of motor v eh icles in addition to each re- quired mob ile home sp ace to acco mm odate at least the number of vehicles equal to the number of mobile home spaces p r o- vided. Such parKi n g spaces may be located within the mobile home space to b e ser v e d and in no case shall be more than feet from the mobile home space to be served. (e) SERV IC E FACILITIES . Every mobile home space shall be pro- v ided with co ve red v ault or shed with a minimum of 72 cubic cct of volu me for t h e storage o f fuel containers and per- sonal belongin gs --this requirement may be met by a build- ing providing a lik e amount of space for each mobile home space . SER VICE BUILDINGS . Each mo bile home park that accommodates any dependent mobile homes shall be pro vide d with one or more service buildings adequately quipped with toilet fixtures . (a) L IONS AND CONSTHUCT ION. Service buildings shall: (1) Be located with in 200 feet of all dependent mobile homes. (2) Be loc at ed 5 fe et or more from any mobile home space. (3) Be of Iire resi st ant construction in conformity wi th the Building Cod e of the City of Englewood. (4 ) Interior shall be constructed of non-absorbent moisture- resistant ma terial to permit frequent washing and cleanin g . (b) LAU NDRY AND TO ILET FACILITIES. Service buildings shall: (1) Have adequate heating facilities to maintain a tempera- ture o f 70 degrees fahrenheit during cold weather, and to supply a minimum of three gallons of hot water per hour per coach space during time of peak demands. (2) Have all rooms we ll ventilated, with all 9penings effec tively screened. (3) Have atleast one mop -sink or other satisfactory facility supplied with hot and cold water. (4) Have separate flush -type toilet facilities for males and females, plainly marked by appropriate signs, which s hal l be prov ided in separate rooms if in the same building. Each water closet shall be placed in a separate compa rtment , at least three feet wide, properly separated fr om other water closets. (5) Have provided one flus h-type toilet for each sex for each fifteen d epen d e nt mobile home spaces, or fraction thereof. (6) Have all water closets and showers for women and all water closets and showers for men located in separate compartments, with self-closing doors. Gang-type shower compart ments may be used for men. Individual shower stalls shall be at least 961 square inches in area. Showe rs for women shall have a dressing compartment with stool or bench. 6 . WATER SUPPLY . (a) CAPAC ITY. An ac cess ible, adequate and safe supply of potable water shall be provided in each mobile home space , c apable of furnishing a minimum of 125 gallons per day per mobile home space. (b) INDEPENDENT SYS TEM . The development of an independent water supply to serve the mobile home park shall be made only a fter express approval has been granted by the Department of Public Health of the State of Colorado. I I I • (c) ALL FACILITIES CONNECTED. The water system of the mobile home park shall be connected by pipes to all service buildings and all mobile home spaces. {d) CONNECTIONS . Ind ividual water service connections which a re provided for dire c t use by mobile homes sh all be so c ons tructed that they will not be damaged by the parking of such mobile homes. (e) PRESSURE . The mobile home park water system shall be adequate to provide six gallons perminute at 20 pounds per squ are inch of pressure at all mobile home connections. (f) VALVE DEPTH . Outlets for mobile home spaces shall be provided with individual valves below frost depth (not less than 18 11 ) and valve box to grade. SEWAGE DISPOSAL . (a) All plumbing in the mobile home park shall comply with the plumbing laws and health regulations of the City of Englewood, County of Arapahoe, and the State of Colorado. Sewage disposal shall be by connection to City or Sanitation District sewers in accordance with City ordinances regulating sewer c onnections. (b} ALL FACILITIES CONNECT ED. A system for sanitary sewage shall be provided in all mobile home parks and all waste and sewer lines disch arging from bu ildings and mobile homes shall be connecte d thereto. (c} CONNECTION . Eac h mo bile home space shall be provided with at least a three jnch sewer connection, trapped below frost lin~,wi th the inlet o f the line to be not less than one inch above the surface of the ground. The sewer connec tion shall be provided with suitable fittings so that a watertight connection and a proper vent can be made b et ween the mobile home drain and the sewer con- nection . Such mobile home connections shall be so constructed that they can be closed air tight when not linked to a mobile home , and shall be trapped in such a manner as to maint ain them in an odor~-free condition. 8. REFUSE DISPOSAL. (a) SYSTEM REQUIRED. The storage, collection ~nd disposal of refuse in the park shall be so managed as to avoid health hazards, rodent harborage, insect-breeding areas, accident hazards or air pollution. (b) CONTA INERS . Ref use sh all be store in flytight, rodent- ?roof containers, whi c h shall be located with in t he mobile home park . S u ch containe rs sh all b e provided in suffi- cient nu1nber and capacity to prevent any refuse from overflowing . Garbage shall be deposited in separate watertight c o ntainers with tight-fi t ting lids. All re- cept ac les sh a ll be designated as to type of use. Holders shall be provided for all refuse and garbage containers . Such cont ainer holders shall be so designed as to prevent containers from bein g tipped, to minimuze spillage and container deterioration, and to facilitate cleanin~ around them . (c) COLLECTION . All g arbage and non-combustible rubbish shall be collected as frequently as necessary to prevent it from overflowing the available containers, but in any event garbage shall be collected not less than twice weekly . No d ish or waste water of any kind shall be thrown or dis charge d upon the ground of any mobile home park . {d) INCINERATORS . Incinerators for use by individual mobile homes and located on the individual mobile home sites are prohibited . At least one incinerator for the purpose of bulU.ng combustibl e trash shall be provided by the mobtle home park operator unless such refuse is c .ollect- ed re gu larly and no burning is allowed. Such incinera- tors must be constructe d o f a size to provide a minimum of ll cubic feet per mobile home up to and including ten mo bile homes and one cubic foot per mobile home space in excess of ten spac es. The incinerators shall be constructed of a fire -resistant material, grated not less than 12 inches above the ground, provided with a clean out space beneath the grate, equipped with an access 14~3 door and with a vent stack extending at least 12 feet above the ground capped with a spark arrester of 3/4 inch mesh, or less. Incinerators shall be fired only when attended by some person specifically authorized by the owner or operator of the mobile home park. 9. EL.ECTRIC I TY. (a) INSTALLATION TO EACH SPACE. An electrical outlet sup- plying at least 110 volts shall be provided for each mobile home space. The installation shall comply with all state and local electrical codes and ordinances. such electrical outlets shall be weatherproGf. No power line shall be permitted to lie on the ground or to be suspended less than 18 feet above the ground. (b) SPEC IFICATIONS. Service drops to each mobile home space shall be weatherproof, insulated and not smaller than two No. 8 wires. (c) AREA LIGJITS. 8treet and yard lights shall be provided in such number and intensity as to insure safe move- ment of vehicles and pedestrians at night. A light shall be located at each outside entrance of the service buildings, which shall be kept lighted during the hours of darkness. lU. FUEL. (a) COOK ING FUEL. Liquefied petroleum gas for cooking pur- poses shall not be used at individual mobile home spaces unless the containers are properly connected by copper or other approved metallic tubing. Liquefied petroleum gas cylinders shall be securely fastened in place and shall be adequately protected from the weather. No cylinder containing liquefied petroleum gas shall be located in- side a mobile home, nor within five feet of a door thereof. State and local regulations applicable to the handling of bottled gas and fuel oil must be followed. (b) HEATING FUEL. Fuel tanks for heating purposes shall be detached from the mobile home and mounted up on sub- stantial self-supporting stands at least one foot from any part of the mobile home or any other mobile home. Each service line from the fuel tank to the mobile home shall consist of copper tubing or iron pipe, and shall be provided with a shut off valve outside of the trailer. 11. FIRE PR<YfECTION. (a) LITTER ING PROHIBITED. Mobile home areas shall be kept free of litter, rubbish and other flammable materials. (b) FIRE EXTINGUISHERS. Maintain in convenient places, approved by the Englewood Fire Department, hand fire extinguishers in the ratio of one to each eight units or mobile homes. 12. ALTERAT IONS AND ADDI T IONS: RESTRICTION OF ANIMALS AND PE'l'S: SIGNS. (a) CONFORM I TY . No alterations or additions shall be made to or within any mobile home park unless in conformity to this ordinance. In the event an increase in gross land area is necessary for compliance with provisions of this ordinance, the Board of Adjustments and Appeals shall determine the amount of additional area required in accordance with applicable provisions of the Zoning rdinance . (b) SK I RT ING UNITS. No permanent additions of any kind shall be built onto, nor become a part of, any mobile home. Skir~ing o f mobile homes is permissible, but such skirt- ing sl1all not a tt ach the mobile home permanently to the ground, provide a harborage for rodents or create a fire hazard . (c) WHEELS Nal' T O BE REM OVED. The wheels of the mobile home shall not be removed, except temporarily when necessary for repairs . Jacks or stabilizers may be placed under the frame o f the mobile home to prevent movement on the springs while the mobile home is parked and occupied. I • I I {d) OWNER 'l'O CONTROL PETS. a d ok : cat or other pet lar ge , or to c ommit any any mobile home park . No owner or person in charge of animal shall permit it to run at nuisance within the limits of (e ) S IGNS . Each mobile home park shall provide a stre et sign to include the name of the p ark and the street address in letters of a minimUtn of six inches in height. E ach mobile ho111e space shall be numbered uniformly with numbers of a minimum height of fo ur inches and located at least five feet a bove the gro und. 13. INSPECTION FEE . ~ monthly 1nobile home park inspection fee payable in advance on ~ the first day of January, April, July and October each year and based on the amount of $1 .00 per mobile home space shall be paid by t he mobile home p ark owner or operator to the City of Engle- wood to help defray the cost of inspection and other City ser vices . Said fee shall not be diminished in any way when availa ble and re g istered spaces are not in use. 14. (a) The owner or operator of any mobile home park shall arrange for the man agement and supervision of such mobile home park so as to e nforce or cause compliance with the provisions of these rules and regulations. (b) The owner , operator or attendant of every mobile home park s hal l assume full responsibility for maintaining in good repair and condition all regular and ordinary faci- lities of the mobile home park as required herein. (c) In every mobil e home park there shall be a designated office building in which shall be located the office of the person in charge of said park. A copy of all re- quired City and St ate licenses and permits and of this ordinance shall be posted therein and the park register shall at all times be kept in said office. (d) It shall be the duty of the attendant or person in charge, together with the owner or operator to: (1) Keep at all times a register of all guests (which shall be open at all times to inspection by State, County and Federal officers and officers of the City of Englewood) showing for all tenants: a. Names and re lationships of all tenants residing in each mobile home. b. Address or previous location of all tenants residi ng in each mobile home. c . Dates of entr ance and departure. d. License numbers of all mobile homes and towing vehicles or automobiles. e. States issui ng such licenses. (2) Maintain the p ark in a clean, orderly and sanitary condition at all times. (3) See that the pro visions of this ordinance are com- plied with and enforced and report promptly to the proper authorities any violations of this ordinance or any other violations o f law which come to his attention. (4) Report to local health authorities all cases known to the owner to be infectied with any communicable disease . (5 ) Pay promptly to the City of Englewood the inspec- tion fee as specifie d in Section 13 above and all license fees require d by the City ordinances or any other laws. (6) Prohibit the lighti ng of open fires on the premises. (7) Prohibit the use of any mobile home by a greater number of occupants than that which it is designed to accommodate. 145 15. GENERAL. (a) No mobile home shall be parked or permitted to stand upon any public stree t or alley in the City of Engle- wood fo r longer than a 24-hour period. If so parked it shall be p arallel with the curb and shall not ex- tend outward into the street a distance in excess of ten feet six inches measured at right angles with the curb . (b) No mobile home shall be maintained upon any private or public prope rty in t he City of Englewood when the same is used for living purposes unless the property is re- gistere d as a mobile home park, nor shall any mobile home be stored in any required front or side yard as specifi ed by the Zoning Ordinance. 16. T IME FOR COMPLIANCE. All mobi le home parks which at the effective date hereof con- stitute non-conforming uses as defined and constituted by the Ci t y of Englewood Zoning Ordinance, shall within a reasonable i me and in no e ven t longe r than sixty (60) days from the effective date hereof, comply with the standards and require- ments herein cont ained except as to provisions of Section 4 through 10, inc lusive, which shall be complied with on or before January 1, 1962. 17 • BOARD OF ADJUSTMENT AND APPEALS. T h e Board shall have jurisdiction and power in passing upon appeals to grant variances or modify in specific cases the strict application of the provisions of this ordinance pro- vided the following condi ti ons are met: (a) PUBLIC HEA R I NG. No variation or modification of the application of any provision of this ordinance shall be authorized except after public hearing thereon. Public notice of time and p lace and purpose of such hearing t o be gi v en by posting of the p r operty affected for not less than 15 conse cutive days. (b) HA RDSHIP. There shall be unnecessary and substantial hardship in applying the str ict letter of such pro- v i sions, provided that no such variation or modifica- t ion heretofore or subse4uently au tho r ized or exist- in g shall const i tute or be construed as a precedent, g round 01· cause for any other variation or modifica- tion by the Board, and that such power to vary or mo di f y s hall be strictly construed as specifically enumerated within the jurisdiction of the Board. (c) PHYS IC AL REQU I HEMENTS ONLY. The authorization to vary or modify the pro visions of this ordinance in- c ludes only the authorit y to var y o r modify the p hy sic al requir e me ~ts of the ordinance. Howcver ,,in h e ma tt e1· o f g ranting such vari ance , the Board sh al l fi rst fin d that all of th e following co ndi t ions are p r e sent; (1 ) T ha t th e pli g h t of the owner o f t he property for which the variance is sou g ht is du e to unique cil'cumstan ces existing on the property, not created by the owners and n ot due to general con d ition in t he district i n which the p roper ty is located . (2) T hat the development o r use of the property, i f 1eld strictly to the zoning standards of the district in which it is located cannot yield a reasonable return in service, use or income comp ared to adjacent conforming property in the same district. (3) T hat the variance, if authorized, will neithe r weaken the general purpose of this ordinance nor the r e gulations prescribed for the distri ct in which the property is located. (4) Tha t the var iance , if authorized, will not a lte r ~he e ssential ch aracte r of the district in which t he property is located. I I I (5) T hat the v ar i a n ce , if a u thor ized wi l l not substanti a lly o r p ermanently injure the appr o- pri a te use of a djacen t conforming property. (6 ) That the vari ance will not authorize a use PE NALT I ES . oth e r th a n tho s e uses which are specifically en- u me r ate d a s per mi tted uses for the district i n which i ~ locate d the property f o r whi c h variance is so u g h t . (a) A viol a t ion o f th i s ordinance shall be punishable by a fine not exceed ing T hree Hundred Dollars ($30 0 .00), or by im p risonme n t n o t exceeding ninety (90) days for each offense , prov i d e d t hat each day that a violation is permitted to ex is t shall constitute a separate offense. (b) The City may, in its discretion, proceed against any vio l atio n o r violator of this ordinance by abatement, inju c ti on, or ot her civil action, which remedies shall b e cumulat ive t o th e penalties in Section 18A. 1 9 . SEVERAB ILIT Y. If any sec t ion , s u b-sec tion, sentence, clause, phrase, or p ortio n o f this o r di n ance is for any reason held invalid or unco n stitutional by any court of competent jurisdiction, such porti o n sh al l b e deemed a separate, distinct and in- de p ende nt pr ov is ion and such holding shall not affect the validity of the r e ma i nin g portion thereof. The City Council hereby declares th a t it would have passed this ordinance and each p o rti on o r p ortions thereof, irr espective of the fact t hat any o n e p o rt ion or portions be declared invalid o r unc o n stitutional. 2 0 . CONFLICT OF ORD I NANCES: EFFECT OF PARTIAL INVALIDITY. In any c a se wh e re a provision of this ordinance is found to b e in c on fl i ct wi t h a p r ovision of any zoning, building, fire, s a f ety , or health o r d i nance o r c ode of the City of Englewood e x isting on the e ff ective date of this ordinance, the pro- v is ion , which est ablis hes the higher standard for the pro- moti on and protect ion o f t he health and safety of the people, sh all pr eva il . In an y c ase where a provision of any other o r dinance or c ode o f the Ci t y of Englewood existing on the ef f e ct i v e date of this ordinance e stablishes a lower stand- a r d for th e pro motion a n d protection of the health and s a f ety a n d welf ar e of t h e people, the provisions of this o rd inance sh a ll b e deemed to p r evail, and such other or- d in ances or c ode s are her eby declared to be repealed to the e xtent th a t they may b e found in conflict with this ordinanc e . I n addiLion to the require ments set f orth in these regulations , all mobile home parks and f acilities shall be e stablished a n d co n s t r ucted in compliance with all ex istin g stat utes, ordinanc e s, codes and regulations of t he Ci ty o f En g lewood , Cou n ty of Ar apahoe , and Stat e of Co l orado, Pas s e d on first readi n g by t he City Council of the City of Eng l e woo d , Co l o r ado , this 3rd d ay of November, 195 8, and ordered published in f u ll i n the Englewood He r a ld and Enter prise. 147 Passed on fi na l reading by the C i t y Cou ncil o f the C it y o f Englewood, Colorado , this 17th day of No v emb er , 1 958 , and o r d ered p ub - lished i n full i n the Englewood Herald and Ente rprise. :-~~c I Mayor ATT ES T : I, J. L. Barron , City Clerk of the City of Englewood, Colorado do hereby certify t hat the above and foregoing Ordinance was introduced and read in full and ordered published as proposed Ordinance for the meeting of Novem ber 3 , 1958 and November 17, 1958 held by the City Council of the City of Englewood, Colorado on said date and same was published in the Englewood He rald and Enterprise, November 20, 1958, as Ordinance No. 33, Series of 1958. City Clerk I I ) II